Can they garnish my wages? Cival?

Discussion in 'Credit Talk' started by azcomp, Aug 25, 2003.

  1. azcomp

    azcomp New Member

    I was sued in a Civil case for moving out of a rental property. I didn't go to court, as yes, I did move out, and I am sure I do owe them money. However, can they garnish my husband's wages for repayment? Will we be notified first?
  2. lakpr

    lakpr Well-Known Member

    Garnishing can only be done after obtaining a court order. You need to know if the plaintiffs won default judgment. Ignoring the summons is the worst mistake you made. You need to go to the court, and gather all information about your case from the court docket.

    Also, I'm pretty sure that they cannot garnish *YOUR HUSBAND's WAGES* for what you owe... unless you live in a community property state (and even then, your spouse cannot be held liable for debts incurred before marriage).

    Secondly, if the plaintiffs won a default judgment, such judgment can be renewed indefinitely, until paid in full (unless you get it vacated)

    Just my opinion. I'M NOT A LAWYER.
  3. azcomp

    azcomp New Member

    We were married, and both of our names were on it. They sent him the summons at work, however, being non confrontational, he didn't want to face anyone in court.......medication for panic attacks, etc. would probably cause him to have severe high blood pressure by just stepping onto a court room floor.

    So, as long as any payments are made to the plantiffs, then is that something that is common?

    I just don't want to see them garnish his wages, etc., and if they do I wondered if we would be notified first.

    Can I just show up at the court building and ask for information on our case?

    GEORGE Well-Known Member

    As far as I know...they DON'T have to notify you of GARNISHMENT...but his EMPLOYER will probably notify him...

    They can't ask for more than 25% of the wages as far as I know...

    It is a little late now...BUT IF YOU HAD THE DOCTOR WRITE A STATEMENT ABOUT THE "PANIC ATTACKS" he might have been able to have appeared in court by "WRITTEN WORD"
  5. lakpr

    lakpr Well-Known Member

    "IT" = rental lease agreement? And your husband's name is on the lease too? If so, yes the rental company can garnish your husband's wages.

    You can pay the entire judgment amount to the plaintiffs, and keep the cancelled check as proof of payment. Once the judgment is satisfied, they cannot garnish his wages. As GEORGE said ... no notice is required to start garnishing; they only have to provide the court order to your employer. You must contact the rental company, and pay the amount in full before they begin garnishing proceedings. Unfortunately, it's too late in the game now.

    Yes. You need to provide your name(s) and addresses (previous and current) to help the court clerk locate your court docket. There *MAY* be a fee, though.
  6. lbrown59

    lbrown59 Well-Known Member

    << Can I just show up at the court building and ask for information on our case?
    Yes and so can I or anyone else it's a public record. >>

Share This Page